Page:United States Reports, Volume 209.djvu/319

 09 U.S. Opinion of the Court. same year the appeal taken from the decree of the District Court, ordering the titles recorded in accordance with the agreement, was affn-med by the Supreme Court. The court in its opinion, after reciting the appearance and opposition of Maria to the application to register the titles, concluded by obecrving: "Considering that even suPPOSing that the construction given by the trial court to article 395 of the mortgage law was erroneous, in holding in one of its conclusions of law that Dona Maria Rios could not oppose the proceeding of domin- ion because she instituted it in conjunction with her mother Dona Manuela and her sister Dona Petronila, the reversal of the order appealed from would not-be proper, as it would be always sustained by the essential and necessary foundation of the same, which is the declaration made by the Dista'ict Court of Humacao of having been proven the dominion of the properties in question, without any limitation or reserva- tion whatsoever, which declaration cannot be discussed in caesation, because the appeal of csssation was not founded upon paragraph 7 of article 1690 of the Law of Civil Procedure. Considering that the order appealed from conforms to all the claims made by the parties and does not rant more than was prayed for, as it is thereby granted the prayer made by Dona Manuela Gutman and her daughters Dona Maria and Dona Petronila in the petition instituting the ex r proceeding of dominion, and the claim made by Dona Maria through her attorney Don Juan F. Vias is denied." Again, we do not stop to consider many matters referred to by counsel which it is deemed conclusively show that .the daughter Maria accepted the decision of the Supreme Court as final and acted upon the assumption that she was the owner of the property allotted to her by the agreement, because the mattere thus relied upon are also but a part of the evidence and not embraced in the findings below made. About one year after the death of the mother and the decisibn of the Su- preme Court of Porto Rico, the bill by which this cause was

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